Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12233 

by informal methods of conciliation, 

conference and persuasion. Upon failure 

of such conciliation the Commission 

will notify the charging party. Such 

notification enables the charging party 

or any person aggrieved by the subject 

matter of the charge to commence action 

to enforce their rights without waiting 

for the lapse of 60 days. Notification 

under this section is not a Notice of 

Dismissal or Termination under 

§ 1626.17. 

■ 5. Amend § 1626.15 by revising 

paragraph (d) to read as follows: 

§ 1626.15 Commission enforcement. 

* * * * * 

(d) Upon the failure of informal 

conciliation, conference and persuasion 

under section 7(b) of the Act, the 

Commission may initiate and conduct 

litigation. 

* * * * * 

Charlotte A. Burrows, 

Chair, Equal Employment Opportunity 

Commission. 

[FR Doc. 2024–03176 Filed 2–15–24; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 510 

North Korea Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is amending the North 

Korea Sanctions Regulations to modify 

a general license that authorizes certain 

transactions in support of specified 

humanitarian activities of 

nongovernmental organizations. 

Additionally, OFAC is adding general 

licenses to authorize the following: 

transactions related to the exportation 

and reexportation of items authorized 

by the U.S. Department of Commerce; 

the provision of certain agricultural 

commodities, medicine, and medical 

devices; and certain journalistic 

activities in North Korea. 

DATES: This rule is effective February 

16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Assistant Director for Licensing, 

tel.: 202–622–2480; Assistant Director 

for Regulatory Affairs, tel.: 202–622– 

4855; or Assistant Director for 

Compliance, tel.: 202–622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s website: 

www.treas.gov/ofac. 

Background 

On November 4, 2010, OFAC issued 

the North Korea Sanctions Regulations, 

31 CFR part 510 (75 FR 67912, 

November 4, 2010) (the ‘‘Regulations’’). 

Since then, OFAC has amended the 

Regulations several times. OFAC is now 

amending the general license at 

§ 510.512 of the Regulations, which 

authorizes certain transactions in 

support of specified humanitarian 

activities of nongovernmental 

organizations (NGOs) in North Korea, to 

broaden the activities and transactions 

authorized, including transactions with 

certain Government of North Korea 

entities that are necessary for the 

provision of services authorized by 

§ 510.512, and make other changes. As 

a condition of the general license, NGOs 

relying on the authorization must 

submit a report to the U.S. Department 

of State no fewer than 30 days before the 

commencement of their activity 

indicating that the NGO’s activities have 

been approved by or notified to the 

Security Council Committee established 

pursuant to United Nations Security 

Council resolution 1718 (2006), or that 

the NGO’s activities do not require such 

an approval or notification. The U.S. 

Department of State may notify NGOs 

within the two-week period following 

submission of the report to inform them 

that their activities are not authorized 

by the NGO general license. 

Additionally, this rule adds three new 

general licenses to the Regulations. 

Section 510.520 authorizes transactions 

incident to the exportation or 

reexportation to North Korea of items 

(commodities, software, or technology) 

subject to the Export Administration 

Regulations, 15 CFR parts 730 through 

774 (EAR), that have been licensed or 

otherwise authorized by the U.S. 

Department of Commerce under the 

EAR, including on a ‘‘No License 

Required’’ (NLR) basis due to the 

availability of an EAR license exception. 

Section 510.521 authorizes the 

provision of certain agricultural 

commodities, medicine, and medical 

devices (excluding ‘‘luxury goods’’ as 

described in 15 CFR 746.4(b)(1)) that are 

not subject to the EAR to North Korea. 

Section 510.522 authorizes U.S. news 

reporting organizations and their 

employees to engage in certain 

journalistic activities in North Korea, 

which OFAC authorizes via specific 

license. Finally, this rule corrects a 

typographic error in the authority 

citation. 

Public Participation 

Because this amendment of the 

Regulations involves a foreign affairs 

function, the provisions of Executive 

Order 12866 of September 30, 1993, 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993), as 

amended, and the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the Regulations are contained in 31 

CFR part 501 (the ‘‘Reporting, 

Procedures and Penalties Regulations’’). 

Pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507), those 

collections of information have been 

approved by the Office of Management 

and Budget under control number 1505– 

0164. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number. 

List of Subjects in 31 CFR Part 510 

Administrative practice and 

procedure, Agricultural commodities, 

Aircraft, Banks, Banking, Blocking of 

assets, CAPTA List, Diplomatic 

missions, Foreign financial institutions, 

Foreign trade, Imports, Journalistic 

activities, Medical devices, Medicine, 

Nongovernmental organizations, North 

Korea, Patents, Secondary sanctions, 

Services, Telecommunications, United 

Nations, Vessels, Workers’ Party of 

Korea. 

For the reasons set forth in the 

preamble, OFAC amends 31 CFR part 

510 as follows: 

PART 510—NORTH KOREA 

SANCTIONS REGULATIONS 

■ 1. The authority citation is revised to 

read as follows: 

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C. 

287c, 9201–9255; Pub. L. 101–410, 104 Stat. 

890, as amended (28 U.S.C. 2461 note); Pub. 

L. 115–44, 131 Stat. 886 (codified in scattered 

sections of 22 U.S.C.); E.O. 13466, 73 FR 

36787, 3 CFR, 2008 Comp., p. 195; E.O. 

13551, 75 FR 53837, 3 CFR, 2010 Comp., p. 

242; E.O. 13570, 76 FR 22291, 3 CFR, 2011 

Comp., p. 233; E.O. 13687, 80 FR 819, 3 CFR, 

2015 Comp., p. 259; E.O. 13722, 81 FR 14943, 


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12234 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

3 CFR, 2016 Comp., p. 446; E.O. 13810, 82 

FR 44705, 3 CFR, 2017 Comp., p. 379. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 2. Revise § 510.512 to read as follows: 

§ 510.512 Certain transactions in support 

of nongovernmental organizations’ 

activities. 

(a) Except as provided in paragraph 

(d) of this section, and subject to the 

reporting requirements set forth in 

paragraph (e) of this section, all 

transactions, including the payment of 

reasonable and customary taxes, fees, 

and import duties to, and purchase or 

receipt of permits, licenses, or public 

utility services from, the Government of 

North Korea that are ordinarily incident 

and necessary to the activities described 

in paragraph (b) of this section by a 

nongovernmental organization (NGO) 

are authorized, provided that the NGO 

is not a person whose property and 

interests in property are blocked 

pursuant to this part. 

Note 1 to paragraph (a). The authorization 

in paragraph (a) of this section includes the 

exportation or reexportation of items 

(commodities, software, or technology) not 

subject to the Export Administration 

Regulations (15 CFR parts 730 through 774) 

(EAR) that are ordinarily incident and 

necessary to activities described in paragraph 

(b) of this section, except for items described 

in paragraph (d)(3) of this section. Pursuant 

to 15 CFR 746.4(a), a license from the 

Department of Commerce is required to 

export or reexport any item subject to the 

EAR to North Korea, except food and 

medicine designated as EAR99, unless a 

license exception applies. 

(b) The activities referenced in 

paragraph (a) of this section are noncommercial activities designed to 

directly benefit the civilian population 

that fall into one of the following 

categories: 

(1) Activities to support humanitarian 

projects to meet basic human needs, 

including disaster, drought, or flood 

relief; food, nutrition, or medicine 

distribution; the provision of health 

services; assistance for vulnerable or 

displaced populations, including 

individuals with disabilities and the 

elderly; and environmental programs; 

(2) Activities to support democracy 

building, including activities to support 

rule of law, citizen participation, 

government accountability and 

transparency, human rights and 

fundamental freedoms, access to 

information, and civil society 

development projects; 

(3) Activities to support education at 

or below a secondary school level, 

including combating illiteracy, 

increasing access to education at the 

primary or secondary school level, and 

assisting education reform projects, 

provided that such education excludes 

the subjects of math, sciences, 

technology, engineering, and computer 

programming; 

(4) Activities to support noncommercial development projects 

directly benefiting civilians, including 

those related to health, food security, 

and water and sanitation; 

(5) Activities to support 

environmental and natural resource 

protection, including the preservation 

and protection of threatened or 

endangered species, responsible and 

transparent management of natural 

resources, and the remediation of 

pollution or other environmental 

damage; and 

(6) Activities to support disarmament, 

demobilization, and reintegration (DDR) 

programs and peacebuilding, conflict 

prevention, and conflict resolution 

programs. 

(c) U.S. depository institutions, U.S.- 

registered brokers or dealers in 

securities, and U.S.-registered money 

transmitters are authorized to process 

transfers of funds on behalf of U.S. or 

third-country NGOs, including transfers 

of funds to or from North Korea, in 

support of the activities authorized by 

paragraph (a) of this section. 

(d) This section does not authorize the 

following transactions: 

(1) The exportation or reexportation of 

services to, charitable donations to or 

for the benefit of, or any other 

transactions involving the Government 

of North Korea, the Workers’ Party of 

Korea, or any other person whose 

property and interests in property are 

blocked pursuant to § 510.201, except as 

ordinarily incident and necessary to an 

activity authorized in paragraph (a) of 

this section; 

(2) Partnerships or partnership 

agreements with any military, 

intelligence, or law enforcement entity 

owned or controlled by the Government 

of North Korea, except as necessary to 

export or import items to or from North 

Korea that are licensed or otherwise 

authorized pursuant to this part or 

pursuant to the EAR; or 

(3) Exportation or reexportation of any 

item that would not be designated as 

EAR99 if it were located in the United 

States, unless exempt or authorized. 

(e) NGOs relying on the authorization 

in paragraph (a) of this section must 

submit a report to the U.S. Department 

of State via email at DPRK-NGO-GLNotification-DL@state.gov no fewer than 

30 days before commencement of the 

authorized activity with the following: 

(1) UN Security Council 1718 

Committee (‘‘1718 Committee’’) report. 

(i) If the NGO has received 1718 

Committee approval with respect to its 

activities to be conducted pursuant to 

this section, a copy of such approval 

along with the exemption request 

submitted to the 1718 Committee; or 

(ii) If the NGO has not received 1718 

Committee approval with respect to its 

activities to be conducted pursuant to 

this section, either: 

(A) A copy of any 1718 Committee 

exemption request or notification that 

has been or will be submitted to the 

1718 Committee with respect to the 

NGO’s activities; or 

(B) A detailed explanation of why the 

NGO’s proposed activities do not 

require such an exemption or 

notification, including: 

(1) Items the NGO plans to transport 

to North Korea related to activities 

described in paragraph (b) of this 

section, including items for personal use 

by persons regularly employed by the 

NGO; 

(2) Estimated or actual dollar value of 

the transaction(s), as determined by the 

value of goods, services, or contracts; 

(3) The parties involved, including 

any persons owned, controlled, or 

acting on behalf of the Government of 

North Korea or the Workers Party of 

Korea, as well as financial institutions 

that may be involved in processing such 

transactions; 

(4) The type and scope of activities 

conducted; and 

(5) The dates or duration of the 

activities. 

(2) U.S. Department of State 

confirmation. The U.S. Department of 

State may notify an NGO within the 2- 

week period following submission of 

the report described in this paragraph 

(e) to inform the NGO that it may not 

rely upon this section. 

(f) Specific licenses may be issued on 

a case-by-case basis to authorize NGOs 

or other entities to engage in other 

activities designed to directly benefit 

the civilian population, including 

support for the removal of landmines 

and economic development projects to 

directly benefit the civilian population 

of North Korea. 

Note 2 to § 510.512. This section does not 

relieve any person authorized thereunder 

from complying with any other applicable 

laws or regulations. 

■ 3. Add § 510.520 to read as follows: 


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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12235 

§ 510.520 Transactions ordinarily incident 

to the exportation or reexportation to North 

Korea of items licensed or otherwise 

authorized by the Department of 

Commerce, and related services. 

All transactions ordinarily incident to 

the exportation or reexportation of items 

(commodities, software, or technology) 

to North Korea, including transactions 

with the Government of North Korea or 

any other person whose property and 

interests in property are blocked 

pursuant to § 510.201, and services 

provided outside North Korea to install, 

repair, or replace such items, are 

authorized, provided that the 

exportation or reexportation of such 

items to North Korea is licensed or 

otherwise authorized by the Department 

of Commerce. 

■ 4. Add § 510.521 to read as follows: 

§ 510.521 Exportation or reexportation to 

North Korea of certain agricultural 

commodities, medicine, medical devices, 

and replacement parts and components. 

(a) All transactions prohibited by 

§ 510.206 that are related to the 

exportation or reexportation to North 

Korea of agricultural commodities, 

medicine, medical devices, or 

replacement parts or components for 

medical devices, in each case that are 

not subject to the Export Administration 

Regulations (15 CFR parts 730 through 

774) (EAR), are authorized, provided 

that the agricultural commodities, 

medicine, medical devices, or 

replacement parts or components: 

(1) Would be designated as EAR99 if 

they were located in the United States; 

(2) Are not luxury goods as set forth 

in 15 CFR 746.4(b)(1), including 

identified as examples of luxury goods 

in 17 CFR part 746, supplement no. 1; 

(3) Are approved for exportation or 

reexportation to North Korea by the 

Security Council Committee established 

pursuant to United Nations Security 

Council resolution 1718 (2006), to the 

extent such approval is required; 

(4) Are not exported or reexported to 

any military, intelligence, or law 

enforcement purchaser or importer; and 

(5) Replacement parts are limited to a 

one-for-one export or reexport basis (i.e., 

only one replacement part can be 

exported or reexported to replace a 

broken or non-operational part). 

Note 1 to paragraph (a). Separate 

authorization from OFAC is required for 

export or reexport by a U.S. person to North 

Korea of items that are not subject to the 

EAR, other than agricultural commodities, 

medicine, medical devices, or replacement 

parts or components for medical devices as 

described in this paragraph. See § 510.512 for 

a general license authorizing certain 

transactions by nongovernmental 

organizations, including exports and 

reexports of certain items that are not subject 

to the EAR. 

(b) For the purposes of this section, 

agricultural commodities, medicine, and 

medical devices are defined as follows: 

(1) Agricultural commodities. The 

term agricultural commodities means 

products: 

(i) That fall within the term 

‘‘agricultural commodity’’ as defined in 

section 102 of the Agricultural Trade 

Act of 1978 (7 U.S.C. 5602); and 

(ii) That are intended for ultimate use 

as: 

(A) Food for humans (including raw, 

processed, and packaged foods; live 

animals; vitamins and minerals; food 

additives or supplements; and bottled 

drinking water) or animals (including 

animal feeds); 

(B) Seeds for food crops; 

(C) Fertilizers for the purposes of food 

production; or 

(D) Reproductive materials (such as 

live animals, fertilized eggs, embryos, 

and semen) for the production of food 

animals. 

(2) Medicine. The term medicine 

means an item that falls within the 

definition of the term ‘‘drug’’ in section 

201 of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 321). 

(3) Medical device. The term medical 

device means an item that: 

(i) Falls within the definition of 

‘‘device’’ in section 201 of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 

321); and 

(ii) Is not on the List of Medical 

Devices Requiring Specific 

Authorization, which is maintained on 

OFAC’s website (www.treasury.gov/ 

ofac) on the North Korea Sanctions 

page. 

Note 2 to § 510.521. Pursuant to 17 CFR 

746.4(a), a license from the Department of 

Commerce is required to export or reexport 

any item subject to the EAR to North Korea, 

except food and medicine designated as 

EAR99, unless a license exception applies. 

■ 5. Add § 510.522 to read as follows: 

§ 510.522 Journalistic activities and 

establishment of news bureaus in North 

Korea. 

(a) Subject to the conditions set forth 

in paragraph (b) of this section, news 

reporting organizations that are United 

States persons, and individuals who are 

United States persons regularly 

employed by news reporting 

organizations either as journalists 

(including photojournalists) or as 

supporting broadcast or technical 

personnel, are authorized to engage in 

the following transactions in North 

Korea, provided that such transactions 

are ordinarily incident and necessary to 

their journalistic activities or the 

establishment or operation of a news 

bureau in North Korea: 

(1) Hiring and compensating support 

staff in North Korea (e.g., stringers, 

translators, interpreters, camera 

operators, technical experts, freelance 

producers, or drivers), persons to handle 

logistics, or other office personnel as 

needed; 

(2) Leasing or renting office space; 

(3) Purchasing, leasing, or renting 

North Korean-origin goods and services 

(e.g., mobile phones and related 

airtime), selling such goods when no 

longer needed to persons other than the 

Government of North Korea or Worker’s 

Party of Korea, or importing them into 

the United States; 

(4) Renting and using 

telecommunications facilities in North 

Korea and paying fees or taxes related 

to the dissemination of information and 

transmission of news feeds (e.g., fees for 

satellite uplink facilities, or live news 

feeds); 

(5) Exporting and reexporting to North 

Korea, and subsequently reexporting 

from North Korea, equipment that is not 

subject to the Export Administration 

Regulations (15 CFR parts 730 through 

774) (EAR), and that is ordinarily 

incident and necessary to journalistic 

activities, provided that: 

(i) Such equipment would be 

designated as EAR99 if it were located 

in the United States; 

(ii) The exportation or reexportation is 

approved by the Security Council 

Committee established pursuant to 

United Nations Security Council 

resolution 1718 (2006), to the extent 

such approval is required; and 

(iii) Such equipment remains under 

the effective control and in the physical 

possession of the news reporting 

organization or journalist exporting 

such equipment while it is in North 

Korea and is reexported from North 

Korea to the United States or a third 

country when no longer needed for 

journalistic activities in North Korea; 

and 

(6) Paying for all expenses ordinarily 

incident and necessary to journalistic 

activities, including sales or 

employment taxes to the Government of 

North Korea. 

Note 1 to paragraph (a). This section does 

not relieve any person authorized thereunder 

from complying with any other applicable 

laws or regulations. Pursuant to 15 CFR 

746.4(a), a license from the Department of 

Commerce is required to export or reexport 

any item (commodities, software, or 

technology) subject to the EAR to North 

Korea, except food and medicine designated 

as EAR99, unless a license exception applies. 


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12236 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

Note 2 to paragraph (a). See § 510.520 for 

a general license authorizing transactions 

ordinarily incident to the exportation or 

reexportation to North Korea of items that are 

licensed or otherwise authorized by the 

Department of Commerce. 

(b) For the purposes of this section, 

the term ‘‘news reporting organization’’ 

means an entity whose primary purpose 

is the gathering and dissemination of 

news to the general public. 

Note 3 to § 510.522. As of September 1, 

2017, the U.S. Department of State has 

restricted the use of U.S. passports to travel 

into, in, or through North Korea. See 22 CFR 

51.63. U.S. nationals who wish to travel to 

or within North Korea for the extremely 

limited purposes that are set forth in Federal 

regulations must apply for a passport with a 

special validation from the Department of 

State. See travel.state.gov for additional 

details. 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2024–03255 Filed 2–15–24; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0903] 

RIN 1625–AA08 

Special Local Regulations; Sector Ohio 

Valley Annual and Recurring Special 

Local Regulations 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

and updating its special local 

regulations for recurring marine 

parades, regattas, and other events that 

take place in the Coast Guard Sector 

Ohio Valley area of responsibility 

(AOR). This rule informs the public of 

regularly scheduled events that require 

additional safety measures through the 

establishing of a special local regulation. 

Through this rulemaking, the current 

list of recurring special local regulations 

is updated with revisions, additional 

events, and removal of events that no 

longer take place in Sector Ohio Valley’s 

AOR. When these special local 

regulations are enforced, certain 

restrictions are placed on marine traffic 

in specified areas. 

DATES: This rule is effective on March 

18, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0903 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Petty Officer Kostas 

Papakonstantinou, Sector Ohio Valley, 

U.S. Coast Guard, U.S. Coast Guard; 

telephone (502) 779–5348, email 

SECOHV-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Captain of the Port Sector Ohio 

Valley (COTP) is establishing, 

amending, and updating its current list 

of recurring special local regulations 

codified under 33 CFR 100.801 in Table 

no. 1, for the COTP Ohio Valley zone. 

On December 13, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Sector Ohio 

Valley Annual and Recurring Special 

Local Regulations Update (86 FR 

69602). There we stated why we issued 

the NPRM, and invited comments on 

our proposed regulatory action related 

to those recurring regulated areas. 

During the comment period that ended 

January 12, 2024, no comments were 

received. A detailed description of the 

changes is provided in the proposed 

rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Coast Guard is amending and updating 

the special local regulations under 33 

CFR part 100 to include the most up to 

date list of recurring special local 

regulations for events held on or around 

navigable waters within the Sector Ohio 

Valley AOR. These events include 

marine parades, boat races, swim 

events, and others. The current list 

under 33 CFR 100.801 requires 

amending to provide new information 

on existing special local regulations, 

include new special local regulations 

expected to recur annually or 

biannually, and to remove special local 

regulations that are no longer required. 

Issuing individual regulations for each 

new special local regulation, 

amendment, or removal of an existing 

special local regulation creates 

unnecessary administrative costs and 

burdens. This rulemaking reduces 

administrative overhead and provides 

the public with notice through 

publication in the Federal Register of 

the upcoming recurring special local 

regulations. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

December 13th, 2023. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. This rule amends and updates 

part 100 of 33 CFR by revising the 

current table for Sector Ohio Valley, and 

by adding four new recurring special 

local regulations, removing two special 

local regulations, and amending twentyseven special local regulations as 

described in the NPRM. Vessels 

intending to transit the designated 

waterway through the safety zone will 

only be allowed to transit the area when 

the COTP, or designated representative, 

has deemed it safe to do so or at the 

completion of the event. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

The Coast Guard expects the 

economic impact of this rule to be 

minimal, and therefore a full regulatory 

evaluation is unnecessary. This rule 

establishes special local regulations 

limiting access to certain areas under 33 

CFR 100 within Sector Ohio Valley’s 

AOR. The effect of this rulemaking will 

not be significant because these special 

local regulations are limited in scope 

and duration. Deviation from the special 

local regulations established through 

this rulemaking may be requested from 

the appropriate COTP and requests will 

be considered on a case-by-case basis. 


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